Under Indian law, bigamy is an offense linked to marriage that involves aspects of criminal law, personal law, and constitutional principles. Regulating bigamy within India's diverse legal framework poses distinctive challenges because of the presence of various religious marriage systems alongside a unified criminal code. This study conducts a thorough analysis of bigamy according to Indian law, focusing on judicial interpretation and constitutional responsibility.
The New Bharatiya Nyaya Sanhita (BNS), which modernizes India's criminal laws, along with the pertinent personal laws that regulate marital affairs. It thoroughly analyses significant Supreme Court rulings like Sarla Mudgal v. Union of India, Lily Thomas v. Union of India, and Savitaben Somabhai Bhatiya v. State of Gujarat, showcasing the judiciary’s attempts to align personal laws with the constitutional principles of equality, dignity, and gender justice.
Additionally, the document examines the societal and legal implications of bigamy and emphasizes ongoing difficulties in applying current regulations. It contends that although judicial intervention has greatly bolstered accountability measures, legislative deficiencies still weaken substantive justice for women. The research finds that thorough parliamentary reform is crucial for effective oversight of fraudulent polygamy, strengthening constitutional ethics, and offering substantial protection of women's rights within India's diverse legal framework.
This study explores the conflict between religious liberty and the State’s responsibility to promote gender justice, especially considering India’s obligations under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and changing global human rights norms. It examines how specific personal law practices sustain systemic inequality and evade legal responsibility while claiming religious safeguarding. By means of constitutional interpretation, judicial progress, and international commitments, the paper advocates for a transition from religious immunity to accountability based on rights.
Keywords: Polygamy, Gender Equality, Women's Rights, Personal Law, CEDAW
